Legal notes
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Definition of ‘person having control’ of HMO for an RRO
Who is a “person having control” of premises for the purposes of s263 of the Housing Act 2004?
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Precedent trumps logic
Louise Clark explains how Court of Appeal authority determined an adverse possession claim
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Retrospective costs applied to building safety
A recent decision builds on the evolving case law concerning the Building Safety Act 2022
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High Court guidance on injunctions against persons unknown
What do the High Court’s substantive and procedural guidelines entail?
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Withheld consent for building alterations
Louise Clark reviews a High Court ruling on the reasonableness of a landlord’s withholding of consent
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Is time of the essence for deposit payments?
A High Court case on deposit payments where there is a prior contractual or proprietary relationship
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Where does England end?
Adjudication enforcement decision needed the judge to consider the territorial extent of England
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Valuations and whether there is a duty of care
A negligence ruling where the court found there is no duty of care where there is no advisory duty
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The perils of ‘build first, apply later’
In a recent case, the Upper Tribunal penalised a cynical approach to a restrictive covenant
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The dangers of uncontroverted evidence
A recent decision suggests parties who fail to challenge evidence do so at their peril
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Supreme Court provides clarity on newcomer injunctions
Louise Clark analyses a decision on courts’ power to grant injunctions against unknown persons
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Right of first refusal: take care to offer first
The right of first refusal still poses a trip hazard for the unwary